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1 MacFarland's Trial: New York General Sessions; April Term, 1870; before Hon. John K. Hackett, Recorder 1870

handle is hein.trials/abck0001 and id is 1 raw text is: MACFARLAND' S TRIAL. New York General Sessions ; April Term, 1S70; Before Hon. JoHN K. HACKETT, Recorder. CHALLENGE OF JURORS.-EVIDENCE.-COUNSEL IN AID OF PROSECUTION. -INSANITY AS A DE- FENSE IN CRI[INAL CASES. Private counsel may properly be employed, in aid of a criminal prosecu- tion, with the concurrence of the court. Insanity, as a defense to a criminal prosecution, implies that the man does not know the act he is committing to be unlawful and morally wron g and has not reason sufficient to apply such knowledge, and to be controlled by it. If some controlling disease was in truth the acting power within him, or if he had not a sufficient use of his reason to control the passions which prompted the act complained of, he is not responsible. The power of distinguishing between right and wrong, in reference to the act, is not alone decisive. Various points as to the right of challenge of jurors, and the admissibility of evidence,--determined. Trial for homicide. The prisoner, Daniel Macfarland, was indicted for murder in the first degree, for the felonious shooting, with malice aforethought, of Albert D. Richardson, on November 25, 1869, in the office of the New York Tribune, in New York city. He pleaded not guilty, and, after a motion made to transfer the case to the oyer and terminer (7 Abb. Pr. N. S., 348), which was denied, the trial took place in this court on the issue raised on the indictment by the plea. Samuel f. Garvin, District-Attorney, and Noah Davis, for the people. John Graham and Elbridge T. Gerry, for the pris- oner.

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